The young woman, who cannot be named for legal reasons, was found not guilty of criminal damage by a jury in a climate trial last year.
But the attorney general, Victoria Prentis KC, is taking her case to the court of appeal tomorrow to argue the defence used at the trial should no longer be available to climate activists. The action follows a series of high-profile jury acquittals of climate protesters.
The attorney general cannot challenge a not guilty verdict made by a jury, but can go to the court of appeal on a point of law. Prentis will argue that the defence of lawful excuse used by the woman, who is known as C, should not be available for acts of protest.
Under the "consent" defence, the defendant argues that they have a lawful excuse for their action because they honestly believe the organisation affected would consent to the damage if it knew of the "destruction and damage and its circumstances".
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